The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-11-17
WASHINGTON NEWS.
Sparks Tenders HIS ResiSnatiOn-An-
nuaI Report OF Gen Sheridan.

nuaI Report OF Gen. Sheridan.
WASHINGTON, Nov. 15.-Land Com
| missioner Sparks this afternoon per-
sonally delivered to the president, the
following letter, defending his cause
in the Chicago, st. Paul, Minneapolis
6 Omaha railway land agent case, and
formally resigning his Office
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, d. c. Nov. Is.
To the President:
The honorable secretary of the in
terror advises me by letter dated the
18th inst in effect that he should on
alternatives of selecting new
secretary of the interior,
new commissioner of the general land
office. In view of which have felt
called upon to address you this let
ter.
Under the authority vested in the
commissioner by the laws, and in ac-
cOrdance with regulation and practice
pursuant to law, by which action is
first taken in the general land office IN
all matters relating to public lands, l
had previous to September, 1887 made
adjustments of certain railroad land
grants, two of which, known as the
Omaha cases. l had been specially
directed by the secretary to report. On
October z, 1887, two decisions of
the secretary were rendered in the
Omaha cases, now occurring In my ad-
justIpents, and overruling the authori-
ty on which they were based. He di-
rected me, at the same time, to cause
the grant to be adjusted in conformity
with said decisions. l now infer from
his published letter that these decis-
ions were not approved by the official
law adviser for the department of the
interior. The point at issue related to
the claim of railroad companies to
indemnity of lands that under the
railroad granting acts were reserved
from the operation of these acts by
the express terms of the statistics.
Previous to 1875, lands that had been
reserved by the government for In
dian and other purposes, and
which were excluded from the
grants and from the operation of the
granting acts, had been patented or
certified to the companies both as
granted lands and as indemnity pro-
| miscnously with other lands. This
seems to have been done in Pursuance
of practice of giving railroad cOmpan-
les what ever they asked for, apparent
| ly without much consideration of the
restrictions and limitations of the
grants. In that year the title to a
| large quantity of such lands in the
state of Kansas, which had been so er-
| roneously conveyed to the Leaven-
worth, Lawrence & Galveston Rail-
road Company, was decreed invalid by
the United States Supreme Court.
Since that date, or for the past twelve
years, lands that were reserved at the
| date of the grant or at the date of the
definite location of the roads, as the
case may be, have been regarded and
| treated in the sense and practice OF
| this Office and department as excluded,
not only from all grants. but from the
indemnity basis under all grants, where
| in such reserved lands are by the terms
| of the law excluded from the opera
ton of the acts.'' The secretary held
was entitled to indemnity for such
lands. This decision, if adhered to
will have the effect to take from
| the people many million acres
of land within railroad in
demnity limits, which, by yOul
| advice, and with your approval, as ex.
pressed in the Guilford-MilIer case,
have been proclaimed to the country as
| restored to the public domain. The
question of the correctness of these
| decisions became therefore matter OF
1
declared the law, these lands belong tC
| the railroad companies. If they did
not correctly declare the law the lands
belong to the people. The Omaha de.
| ciSions purport to be founded upon the
decision of the supreme court in the
| cases of the WiOna and st. Peter rail.
way company VS.. Barney (113 United
| States, 619) the assertions being made
that 1.-The plain language of the court
4 in hof 70 no CIUn nf fhe
question presented, and also upon GER
| tain rule of statutory Interpretation
relied upon as being the axiom of con
| struction. Said decisions were further
enforced by reference to an unrepoTte6
decision of the United States circuit
| court for Wisconsin, which was said
| in the Omaha cases, to be Judicial
construction which seems to leave INC
further room for discussion" 1t ap
peared to me that the decision Of the
supreme court in the Barney case was
| absolutely silent upon the question de
| cided in the Omaha case, and not ever
the arbiter of the court sustained
these decisions. 1t also appeared
to me that the question al
issue was not in the CASE
decided by the circuit court, and il
seemed that the rule of statutory in
| depreciation adopted in the Omaha
/ CClSC6 was SilO OPPOo1SO VI OAO 4OAO VI
| construction adopted by the courts anC
laid down by law writers. [ was there
| fore profoundly convinced that the sec
rotary had been committed to errors OF
law, which if brought fully to his per
sonal attention might be corrected. II
is practice of the department to permit
representatives of railroads and othel
private interests to apply for review:
and reconSiderationS of decisions wheI
1 nIEnufinV10 or Gnaido6 nNoinof GTIah N
| terests. believe. that, as the Officer
| of the government having immediate
guardianship of the public lands
and immediate charge of the issuance
of patents under all grants of land By
congress, had, at least, equal right
with representatives Of private inter
est to ask the secretary to re-examinC
the departmental decision, and / be
lieved it especially proper to express
my views to the secretary on thest
cases, because had not, but would
have done so in the original Instance
if had anticipated change of ruling
and decision upon the point in queS
ton. Accordingly / waited upon TIT
secretary, and personally expressed Il
him my desire to have review Of tn.
decisions in these cases. He sug
gested to me to let the matte
rest for the present, in which sugges
4
The formal application for review
couched in most respectful terms wa
completed about October %, but wa
not put upon the official records an,
was not made public. On Novembe
10. received note from the secretar,
desiring me to present to him what
had TO say upon this subject. My lette
was accordingly signed and delivere.
to him on the 18th inst, with the nee
essary change of data and other correc
tions that had been made.
copy of this letter is herewith
Enclosed for your inspection
J and for your judgment, both upon sui
stances of the matter and upon the OF
J fetal courtesy Of the form of expression
: Several important questions were de
: cided in the Omaha cases other tina
the one referred to and which Justly ca
3 | for consideration upon the point {
: agreement with a cOntravention of d.
| cisions of the supreme court of tn
e United States, but confne my appl
Q cation for review to the question of il
8 demnity for lands excluded from I'll
o operation of the granting acts tn:
e being of oyeFshadowInQ importanc